Kincardine Pipeline Court Challenge StalledNovember 6, 2014 6:19am
The debt rung up by the construction of a water pipeline in Inverhuron could land Kincardine council in court.
CAO Murray Clake confirms the municipality was served notice on October 21 by the Kincardine Pipeline Promise Association, who are asking the provincial courts to strike down a by-law passed in April that forces the more than 250 connected users of the pipeline to pay off $1.5-million in debt, which resulted in a charge of more than $7,000 per home.
Clarke says the two sides have agreed to hold the case over until January 21 in order to give the new council time to receive information on the history of the case and to give direction to staff when it is sworn in next month.
He points out the current council is unable to give direction because its powers are reduced under lame duck status, a result of last month’s municipal election.
“Because it is an awkward time, we are really between councils, the only direction [to legal counsel] was that we need to hold it over and allow the new council to understand the nature of the application, the implications and for them to take a decision on what they would like to do with this application,” says Clarke.